Minutes of The Special Price City Council Meeting

City Hall: Price, Utah

April 18, 2001, 5:30 p.m.

Present:

Mayor Lou Colosimo Vernon W. Jones, Community Administrator

Councilmembers: Pat Larsen, Finance Director

Roy A. Nikas Nick Sampinos, City Attorney

Betty P. Wheeler Gary Sonntag, PWD/City Engineer

Joe L. Piccolo

Stephen L. Denison

Richard Tatton

Excused: Joanne Lessar, City Recorder

Others Present:

Francis Duzenack Lisa Petersen John Serfustini Linda Varner

Dave Varner James L. Jensen Mike Neer Scott Crosby

Michael Crowson Stewart Nyander John Alger Ed Shook

Shirley Ann Matheny

Mayor Colosimo welcomed Boy Scout Nathan Johnson, Troop #285

• PACIFIC LAND DESIGN - Conditional Use Permit Approved

Nick Sampinos reported that he met with Vern Jones and Francis Duzenack regarding the plans submitted by Pacific Land Design for their new facility. Based upon their review, they feel that the plans are in conformance with the City's Land Development Code. He discussed the two issues from the last meeting - the sight obscuring fence along Nelson Lane addressed by James Jensen and the driveway alignment addressed by Linda Varner.

Mike Neer, Pacific Land Design, stated that after last weeks meeting, he and James Jensen have had lengthy discussions pertaining to what would work well with him and mitigate his concerns. They are recommending the planting of trees along the sidewalk. They selected a tall skinny cedar tree that would grow to a height of 6' to 8' and be placed 3' apart. This should provide a good screen from Mr. Jensen's apartments to the side of the building. He presented a sketch of what this would look like if someone were standing on a step 3' high at the apartments and looking down towards their facility. These trees would screen everything from 6' to 8' high. The other area Mr. Jensen is concerned with is the view from these apartments through the driveway into the truck well area. The driveway has to be there for trucks to come onto the sight and enter the truck well area. Mr. Neer explained on a drawing, where the trucks will be exiting. He explained where the bollard will be placed to protect pedestrians and where the pedestrian access and crosswalks will be.

Mr. Neer addressed the issue concerning the driveway alignment. As discussed last week and from input received from their traffic engineer, the safest condition for their driveway is to line up with Lynda Varner's driveway. At last weeks meeting, he submitted a letter to the Council from their traffic engineer stating that this alignment is the safest condition. In addition, Gary Sonntag, City Public Works Director and City Engineer agreed with the driveway alignment. If it was moved any further towards the building, it would impact the trucks trying to get onto Nelson Lane. They would not be able to turn as they need a wide radius.

Nick Sampinos asked if the trees discussed above would be planted by WalMart and maintained by WalMart and replaced if necessary should any of them die. Mr. Neer stated that they would and that there would be an irrigation system.

Councilmember Nikas asked if the delivery trucks can make a legal turn without encroaching on Ms. Varner's property? Mr. Neer presented a drawing of a model truck and how it would turn. Councilmember Tatton asked if there were plans for a stop sign at this location? Mr. Neer stated that there would be a stop sign. Linda Varner asked if the location of the present power pole had been addressed? Mr. Neer stated that the power pole will be relocated by Utah Power and Light and that the power company would determine how far back it would be located. Linda Varner asked about the trees? Mr. Neer stated that the present trees will remain where they are. No improvements will be made in this area. Councilmember Piccolo stated that the property where the trees are located is undeveloped at this time. Future developers will have that option if they develop in that area.

Nick Sampinos referred back to the screen issue. The City's code currently requires either a masonry wall or a solid visual barrier fence not less than 4' or no more than 6' in height. Mr. Neer is proposing the trees as an alternative. If the Council is willing to accept this alternative, and after receiving input from Mr. Jensen, it would require the Council to accept it as a variance to the existing requirements.

John Alger stated that it is his understanding that there are two issues, the one being the fence. Is the City going to feel good about kids being on the sidewalk now that the fence is gone. There is a road on both sides with a sidewalk in the middle. Could there be a 3' fence or something as he sees kids playing in the street? Councilmember Piccolo stated that if there were a fence behind the trees, the kids would hide in between the trees and jump out in front of traffic. Mr. Alger understands that previously, a fence would be right against the sidewalk and the trees would be on the opposite side of the road. A 3' fence would not block the trees and still give kids safety. The other thing he has on safety is the trees on the corner that more or less have no relevence. The reason he sees them as relevent is that he has the same situation on his property. People coming into the intersection can't see up the road. The big Cottonwood trees will not allow them to see up the road. You can't allow an intersection where people can't see to make a turn. The trees should be removed, whether it be WalMart, the Housing Authority, or the City. Mayor Colosimo thanked Mr. Alger for his input. Lt. Shook stated that Chief Shilaos has reviewed the site. Mayor Colosimo stated that if this is a safety issue, it should be taken care of. He asked Francis Duzenack to check it out. Vern Jones stated that under State Statute, the Chief of Police has the power and responsibility to look at intersections or anywhere there is a safety issue. If there is a problem, Chief Shilaos will recommend that they be removed. It would be the responsibility of the property owner to remove them.

James Jensen stated that this has been reviewed over and over again. Because there wasn't another solution on the east side, it looks like Nelson Lane will be used for a truck dock. His concerns from his apartment standpoint is that they have a visual barrier and the best sound barrier. He doesn't think a chain link fence with slats is going to cut down on the sight barrier because it will be so low you can still see over the top. The trees would give the height and being planted close enough together, should pretty well take care of it. The trees will be the best option for a sight and sound barrier. His other concern has always been safety. The way it has been designed is that the sidewalk will be moved out and the trees placed back far enough, that those particular trees will not be a safety factor as far as the traffic is concerned. At the openings, there are plans to drop the height of the tree right next to the opening so the drivers will have a better view. He hopes that the concave mirrors that are being recommended will add to the safety. He hears over and over again that there is not a concern for safety. He is concerned about the use of the parking stalls across the road and what they will be used for, whether they will be used for parking or for storage. WalMart is adamant that the whole area be used without any restrictions so that they can be used as they see fit. The only solution is that if they can get the sight and sound barrier as tight as possible and that the trees be maintained. There is an issue on the alignment of the ingress. It is difficult to determine from the drawing just exactly how far the outlet will be. He feels the alignment should be aligned with the driveway on the west side of the apartments. There are the apartments, a small piece of grass and then the driveway. The flow of traffic may be a problem and then it may not. Employees may drive down Nelson Lane and into the parking lot, as people seem to do what is more convenient. Mr. Jensen asked if this area would be an entrance and exit? Mr. Neer stated that he does not know if this can be policed? It will be up to the store manager. Signs will be placed directing the truck traffic. Mr. Jensen also understands that there will be a 6" curb around the tree area. One of his concerns is people walking on the sidewalk and losing control of their carts and turning into the trees. Some kind of a barrier would prevent this. Or there could be an employee on the opposite site that is backing out of the parking lot or a truck that goes astray. There needs to be something to prevent them from going through or slow them down. Mr. Neer stated that there will be a standard 6" curb around the entire area. At this point, Mr. Jensen stated that he doesn't have any other concerns.

Councilmember Tatton asked if the Council should indicate on the plat or drawing if they agree to the trees? Nick Sampinos suggested that a supplemental drawing be submitted along with an agreement by the developer stating that the trees will be planted at their expense, that there will be an irrigation system, maintenance, and replacement of trees if necessary, to perpetually maintain that visual screen from across the street.

James Jensen suggested that when the earth work is being done, it would be advantageous to bring in some good top soil where the trees will be planted as the present soil is not conducive to growing anything. It is totally alkali. Mr. Neer stated that in all of their landscaped areas, they do bring in topsoil.

Nick Sampinos reported that 15 minutes before this meeting was to convene, he received a faxed letter from the attorney representing the Carbon County Housing Authority. It brought up several issues, some of which have been already discussed. He provided a copy to the Council. One of the concerns was the issue on the masonry wall. He feels that issue has been properly taken care of. Another issue was again the minimum 60' road right-of-way for a local street as required by the Code. This portion of the roadway will be no less than 35'. He believes that he has gone over this issue numerous times and that the roadway will, in fact, be adequate in accordance with the code. Francis Duzenack stated that concerning the portion of the road that WalMart will develop, there will be a full 30' right-of-way from the center line to WalMart's property line, which is in compliance with the Land Development Code. Seventeen and a half feet is half of the pavement width. WalMart has agreed to do a 5' sidewalk, which exceeds the Land Development Code, and to install curb and gutter. When that roadway is completed, the actual pavement width will be 32 ½'. Completion of pavement on the other side of the street will be the responsibility of a future developer on that side of the street. For the most part, WalMarts improvements will virtually result in a full width street.

Nick Sampinos stated that another issue in the attorney's letter is landscaping around the proposed development. It is his understanding that the Code requires that 5% of the total square footage be devoted to landscaping. Mr. Duzenack has informed him that the developer has met that minimum requirement, and actually exceeded it. Mr. Sampinos feels that has been addressed properly. The remainder of the letter deals with the issue of the intent by the developer and Housing Authority to negotiate on the turn around for the trucks. There is some indication that the Housing Authority is still willing to enter into a discussion with the developer concerning that item. He doesn't feel this item is before the Council for review tonight, but he suggested it would be proper for the Council to encourage the parties to continue discussion and if they ever do arrive at some conclusion that would be satisfactory to both parties, that an amendment could be submitted to the Council for review at that time.

Councilmember Piccolo referred to a paragraph on the second page of the letter that stated that WalMart at least meet the minimum standards of the Code. To the best of his knowledge, they have gone beyond the minimum standards. Francis Duzenack stated that they have exceeded the parking requirement, exceeded the landscaping requirement, and a number of things they have done that are actually above the City's requirement. Everything meets or exceeds. Nick Sampinos concurred with that statement.

Linda Varner asked for clarification on the landscaping and screening. They have talked about this on Nelson Lane. What about the landscaping and sound wall on the back side of the building between Housing Authority and WalMart. Mr. Neer stated that this was actually discussed in other meetings. There will be a 10' to 20' landscape strip between the rear drive and the property line. As discussed previously, there will be no sound barrier walls on this property line. They did take the compressors that were located in this vicinity and place them on the roof behind a screened parapet to reduce any noise and visual effects. The compactor has also been relocated into the truck well.

MOTION. Councilmember Piccolo moved that the Council accept the favorable recommendation of the Planning and Zoning Commission for this site plan as it has been discussed and amended, to include obtaining final approval from the Army Corps of Engineers for wetlands mitigation and contingent to working with UDOT and Price City to improve the intersection of Nelson Lane and Highway 55 regarding the 90 degree angle. Further, to construct the public improvements and project features in accordance with the final plan submittals on file with Price City, to include amendment of the site obscuring resolution between Mr. Jensen and Pacific Land with that final plan, and that the Development Agreement be executed that will guarantee completion of said public improvements. Further, that it is the concensus of this Council that they have had an ample opportunity to be exposed to this plan and that each of them feel comfortable with their vote and mandate from Planning and Zoning, and that they feel comfortable with what has happened, and that what has been done has been in an amenable and fair manner. Motion seconded by Councilmember Denison and carried. Mike Neer stated that with respect to the Nelson Lane and Highway 55 intersection, they are currently coordinating with UDOT to make this happen. Councilmember Piccolo stated that this is not a requirement, but that the Council would appreciate if they would continue working with UDOT towards procuring this.

Meeting adjourned at 6:30 p.m.

APPROVED:

ATTEST: Lou Colosimo, Mayor

Joanne Lessar, City Recorder